HomeMy WebLinkAboutOrdinance No. 33-1985MICROFILMED AUG 87
ORDINANCE NO. 33 -85
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, REPEALING CHAPTER 711 "NOISE
ABATEMENT" OF THE CODE OF ORDINANCES IN ITS
ENTIRETY; ESTABLISHING A NEW CHAPTER 711 TO
BE ENTITLED "NOISE REGULATIONS "; ESTABLISHING
REGULATIONS FOR HOURS OF CONSTRUCTION;
ESTABLISHING METHOD OF ENFORCEMENT; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Citizens of Cape Canaveral deserve a high
quality of life; and
WHEREAS, loud and excessive noise can be damaging to the
quality of life; and
WHEREAS, the City of Cape Canaveral has an obligation to
ensure a harmonious existence to its citizens to the best of its
abilities;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 711 "Noise Abatement" of the City Code
of the City of Cape Canaveral, Florida, is hereby repealed in its
entirety.
SECTION 2. Chapter 711, "Noise Regulations" is hereby
adopted as follows:
CHAPTER 711
NOISE REGULATIONS
Sec. 711.01 Policy to Prohibit Noise Declared. It is
hereby declared to be the policy of the City of Cape
Canaveral, Florida, to prohibit unnecessary, excessive and
offensive noises from all sources subject to its police
powers. The need for noise regulation is a matter of
legislative determination and public policy and this chapter
is adopted in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience,
safety, welfare, peace and quiet of the City of Cape
Canaveral, Florida, and the people residing therein.
Sec. 711.10 Construction Noise.
A. The construction, erection (including excavation),
demolition, alteration or repair, of any building shall be
permitted only between the hours of 7:00 A.M. and 7:00 P.M.
Monday through Saturday. These activities shall be
prohibited at all other times and also during all hours on
New Year's Day, 4th of July, Labor Day, Thanksgiving Day and
Christmas, except in case of urgent necessity in the
interest of public health and safety, and then only with a
permit from the Building Official, which permit may be
granted for a period not to exceed three (3) days, or less,
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MICROFILMED AUG 87
while the emergency continues and which permit may be
renewed for periods of three (3) days, or less, while the
emergency continues. If the Building Official shall
determine that the public health and safety will not be
impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways
between the hours of 7:00 P.M. and 7:00 A.M., and during all
hours of the holidays listed above, and if he further
determines that loss or inconvenience would result to any
party in interest, he may grant permission for such work to
be done between the hours of 7:00 P.M. and 7:00 A.M., and
during all hours of the holidays listed above, upon
application made at the time the permit for the work is
awarded or during the progress of the work.
B. Home repairs by occupants or home additions by occupants
that do not exeed five hundred (500) square feet shall also
be excluded from provisions of this chapter.
C. The Building Official is hereby empowered to issue a
stop work order for violation of this chapter and further,
upon repeated occurances, may revoke the building permit of
the violator.
711.25 Penalties. Any person violating any of the
provisions of this chapter shall be punished as provided in
Section 801.02
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4. This ordinance shall effect immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 18th day of June
, 1985.
FISCHETTI
BIM
MARCHETTI
NICHOLAS
RUTHERFORD
WI NCHESTER
First Reading 6 -4 -85
Posted: 4 6 -5 -85
Advertised :+ 6 -8 -85
Second Reading: 6 -18 -85
ORDINANCE NO. 33 -85
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